Allocation of assets

Pension Benefit Guaranty Corporation 81-12 May 13, 1981 RE FERENCE: [*1] 4 211 Withdrawal Liability OP INION: Thank yo u for your letter requesting clarification of PBGC's int erim regulation on Alternative Allocation Methods(26 C.F.R. Part 2652). Secti on 4211(c)(3)(B )(ii) of the Employee Retirement Income Security Act of 1974, as amended, provides that theden ominator of the rolling-5 method is -- . . .

Pension Benefit Guaranty Corporation 77-159 Augus t 15, 1977 RE FERENCE: [*1] 404 4 Allocation of Assets OP INION: Th is is in response to your let ter to the Pension Benefit Guaranty Corporation (the "PBGC") on behalf of the subjectplan (the "Plan"). In your l etter, you indicated that * * * is considering a proposal whereby the trus t established to fund Plan benef its would purchase a group annuity contract (the "Contract") from the * * * which w ould provide immediateannuit ies to certain Plan p articipants.

Pension Benefit Guaranty Corporation 75-31 December 12, 1975 RE FERENCE: [*1] 404 4(a) Allocation of Assets. Requirement of Following Statutory Allocation Provisions OP INION: Th is is a confirmation of your telephone conversation with * * * of my staff on August 29, 1975. * * * of the Pension Benefit Guaranty Corporation (here inafter the "PBGC") telephoned you on July 23, 1975 , andinqui red abo ut the status of the Plan Administrator's compliance wit h our letter of June 11, 1975. The PlanAdministrator, * * * had referred us to you.

Pension Benefit Guaranty Corporation 85-7 March 4, 1985 RE FERENCE: 404 4(d) Allocation of Assets. Distribution of Residual Assets OP INION: You have requested our opinion whether the tra nsaction described below would be subject to the spinoff/terminationrequ irements of the joint implementation guidelines issued by the Pensi on Benefit Guaranty Corporation (PBG C), theDe partment of Labor and the Treasury Department for processing terminations involving asset reversions.

Pension Benefit Guaranty Corporation 79-8 April 25, 1979 RE FERENCE: 4022 Benefits Guaranteed4044(a)(3) A llocation of Assets. Benefits Payable as an Annuity for Three Years Prior to Termination OP INION: This is a further r esponse to your recent, separate requests for a Pensi on Benefit Guaranty Corporation ("PBGC")opini on rega rding Section 4044(a)(3) of the Emp loyee Retirement Inc ome Security Act of 1974 ("ERISA"), 29 U.S.C.§ 1344(a)(3). On M arch 23, 1979, PBGC wrote to you concerning the applicati on of Section 4044(a)(3) ("Category3") to two specific plan provisions.

Pension Benefit Guaranty Corporation 81-4 March 12, 1981 RE FERENCE: [*1] 4021(a) Plans Covered . Requirements of Coverage4021(b )(5) Plans Covered. Employee Contributed Plans404 4(d) Allocation of Assets. Distribution of Residual Assets OP INION: This is in response to your recent letter to me concerning the * * * Pension Plan (the "Plan"). You stated that any assets of the Plan which are i n excess of the amount necessary to pay Plan benefits guaranteed under Title IV of theEmployee Reti rement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1301 et seq. (1976) (amended by Pub. L. No.

Pension Benefit Guaranty Corporation 86-5 March 6, 1986 RE FERENCE: [*1] 4 044 Allocation of Assets29 C FR 2673 Notice of Termination for Multiemployer Plans OP INION: Th is is in r esponse to your request for a ruling by the Pension Benefit Guaranty Corporation ("PB GC") that theprovisi ons of Title IV of the Employee Retirement Income Security Act of 19 74 ("ERISA") would not be violated bythe trans fer to a new trust, as de scribed in your request, of surplus assets remaining after the satisfaction of all benefitsunde r a multiemployer pension plan.

Pension Benefit Guaranty Corporation 76-107 Septembe r 7, 1975 RE FERENCE: [*1] 404 4 Allocation of Assets OP INION: Th is is in response to your request that the Pension Benefit Guaranty Corporation (the "PBG C") permit thetermi nated * * * Retirement Plan (the "Pl an") to allocate its assets otherwise than in accordance wit h Section 4044 ofthe Em ployee Retirement Income Security Act of 1974 (the "Act"). You proposed that three participants, includingyourse lf, be allocated less than the amount allocated pursuant to Section 4044 of the Act.

Pension Benefit Guaranty Corporation 76-3 Janua ry 8, 1976 RE FERENCE: [*1] 404 4(a) Allocation of Assets. Requirement of Following Statutory Allocation Provisions OP INION: This is a confir mation of your recen t telephone conversation with * * * of my staff an d earlier conversations with* * * of this Co rporation. You indic ated that you are representing the Plan Administ rator concerning the Notice of Termi nation submitted onbeh alf of t he * * * Pension Plan.

Pension Benefit Guaranty Corporation 76-31 March 3, 1976 RE FERENCE: [*1] 404 4 Allocation of Assets OP INION: This is in r esponse to our recent coversation in whic h you expressed the view that all * * * Plan participantscurre ntly eli gible to elect early ret irement benefi ts should be put into pay status as of November 6, 1975, the date the ** * Pensi on Plan termi nated.